. >> we would not be given the kind of education to all of our students. we would prepare them to work and it would be a setback for our students and society. >> reporter: howard said diversity benefits all students but chief justice john roberts wanted to hon on you the -- know how the university would determine when it had, quote, a krill critical mass of diversity on campus. us judgeis kennedy could be a key swing vote appearing skeptical telling the texas delegation what you're saying is what counts is race above all. >> justice sodermayer said fisher's lawyer wants to, quote, gut the law. a decision in the fisher- university of texas case is not expected until spring. back to you. >> and thank you. >>>a panel of judges upheld south carolina's voter identification law requiring those who want to vote in the state to show one of five types of photo i.d. the state can't enforce the law until 2013 and federal judges ruled there is not enough time to put the law intoak. >>> and ohio getting a lot of attention this week and right notice, the buckeye state i